Determining Employee "Evil Design"
Effective Use of the COBRA Gross Misconduct Exception
Empowering you with the knowledge and tools needed to safely wield the gross misconduct exception while protecting the company and your personal liability.
Protect yourself with the IRS and Stay in Compliance
- The gross misconduct exception is a valuable risk management tool that helps control costs, claims and unfunded liability!
- “Evil Design” - is it intentional design on the part of the employee, unintentional design, or could it be either!
- The “Gross Misconduct Decision Tree” - including the FOUR criteria used by federal courts
- Your personal liability and how to protect yourself from getting named as a defendant!
- Complete examination of the legal and “street level” aspects of COBRA denial!
- Impact on the covered spouse and dependents!
- The pitfalls of emotional decision making, or stretching the facts to fit the exception!
- 2016 Federal Court case review
- Notification process once the determination has been made
- Appeals Process - the required steps to proper adjudication
- Financial impact of offering COBRA when it should be denied!
- Impact on unemployment compensation decisions when COBRA is offered!
- Writing the required company policy on gross misconduct!